Legal Question in Employment Law in New York

I have received a job offer packet from a NY based company. It contains authorization forms that allow the company to request my background information from former employers. The forms also contain a phrase that reads "I hereby release you from any liability whatsoever concerning the release of this information.".

I don't have a problem with the new company checking with my former employers, but I do have a problem with signing away my legal rights. I haven't been in job search mode for a long time, so I am not sure if this is standard practice now.

Question: Can the new company legally rescind or withdraw the job offer if I agree to the background check but refuse to sign away my legal rights (ie - the release of liability).

Thanks for your help.


Asked on 1/08/13, 2:38 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Most likely. If the reference check shows prior difficulties, they would withdraw their offer anyway.

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Answered on 1/11/13, 10:30 am


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